*EH1014.1* March 19, 2025 ENGROSSED HOUSE BILL No. 1014 _____ DIGEST OF HB 1014 (Updated March 18, 2025 12:01 pm - DI 106) Citations Affected: IC 35-50. Synopsis: Consecutive terms of imprisonment for misdemeanors. Limits the total of the consecutive terms of imprisonment to which a defendant is sentenced for misdemeanor convictions arising out of an episode of criminal conduct. Adds domestic battery, invasion of privacy, and resisting law enforcement to the definition of "crime of violence." Effective: July 1, 2025. Zimmerman, Bascom (SENATE SPONSORS — GLICK, POL JR.) January 8, 2025, read first time and referred to Committee on Courts and Criminal Code. January 27, 2025, reported — Do Pass. January 29, 2025, read second time, ordered engrossed. January 30, 2025, engrossed. Read third time, passed. Yeas 91, nays 0. SENATE ACTION February 18, 2025, read first time and referred to Committee on Corrections and Criminal Law. March 18, 2025, amended, reported favorably — Do Pass. EH 1014—LS 6045/DI 154 March 19, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. ENGROSSED HOUSE BILL No. 1014 A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 35-50-1-2, AS AMENDED BY P.L.142-2020, 2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence" 4 means the following: 5 (1) Murder (IC 35-42-1-1). 6 (2) Attempted murder (IC 35-41-5-1). 7 (3) Voluntary manslaughter (IC 35-42-1-3). 8 (4) Involuntary manslaughter (IC 35-42-1-4). 9 (5) Reckless homicide (IC 35-42-1-5). 10 (6) Battery (IC 35-42-2-1) as a: 11 (A) Level 2 felony; 12 (B) Level 3 felony; 13 (C) Level 4 felony; or 14 (D) Level 5 felony. 15 (7) Domestic battery (IC 35-42-2-1.3) as a: 16 (A) Level 2 felony; 17 (B) Level 3 felony; EH 1014—LS 6045/DI 154 2 1 (C) Level 4 felony; or 2 (D) Level 5 felony; 3 (E) Level 6 felony; or 4 (F) Class A misdemeanor. 5 (8) Aggravated battery (IC 35-42-2-1.5). 6 (9) Kidnapping (IC 35-42-3-2). 7 (10) Rape (IC 35-42-4-1). 8 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal). 9 (12) Child molesting (IC 35-42-4-3). 10 (13) Sexual misconduct with a minor as a Level 1 felony under 11 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2). 12 (14) Robbery as a Level 2 felony or a Level 3 felony 13 (IC 35-42-5-1). 14 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony, 15 or Level 4 felony (IC 35-43-2-1). 16 (16) Operating a vehicle while intoxicated causing death or 17 catastrophic injury (IC 9-30-5-5). 18 (17) Operating a vehicle while intoxicated causing serious bodily 19 injury to another person (IC 9-30-5-4). 20 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b) 21 or a Level 4 felony under IC 35-42-4-4(c). 22 (19) Resisting law enforcement as a felony or as a Class A 23 misdemeanor (IC 35-44.1-3-1). 24 (20) Unlawful possession of a firearm by a serious violent felon 25 (IC 35-47-4-5). 26 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony. 27 (22) Invasion of privacy (IC 35-46-1-15.1) as a: 28 (A) Level 6 felony; or 29 (B) Class A misdemeanor. 30 (b) As used in this section, "episode of criminal conduct" means 31 offenses or a connected series of offenses that are closely related in 32 time, place, and circumstance. 33 (c) Except as provided in subsection (e) or (f) the court shall 34 determine whether terms of imprisonment shall be served concurrently 35 or consecutively. The court may consider the: 36 (1) aggravating circumstances in IC 35-38-1-7.1(a); and 37 (2) mitigating circumstances in IC 35-38-1-7.1(b); 38 in making a determination under this subsection. The court may order 39 terms of imprisonment to be served consecutively even if the sentences 40 are not imposed at the same time. However, except for crimes of 41 violence, the total of the consecutive terms of imprisonment, exclusive 42 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10 EH 1014—LS 6045/DI 154 3 1 (before its repeal) to which the defendant is sentenced for felony or 2 misdemeanor convictions arising out of an episode of criminal 3 conduct shall not exceed the period described in subsection (d). 4 (d) Except as provided in subsection (c), the total of the consecutive 5 terms of imprisonment to which the defendant is sentenced for felony 6 convictions arising out of an episode of criminal conduct may not 7 exceed the following: 8 (1) If the most serious crime for which the defendant is 9 sentenced is a Class C misdemeanor, the total of the 10 consecutive terms of imprisonment may not exceed one (1) 11 year. 12 (2) If the most serious crime for which the defendant is 13 sentenced is a Class B misdemeanor, the total of the 14 consecutive terms of imprisonment may not exceed two (2) 15 years. 16 (3) If the most serious crime for which the defendant is 17 sentenced is a Class A misdemeanor, the total of the 18 consecutive terms of imprisonment may not exceed three (3) 19 years. 20 (1) (4) If the most serious crime for which the defendant is 21 sentenced is a Level 6 felony, the total of the consecutive terms 22 of imprisonment may not exceed four (4) years. 23 (2) (5) If the most serious crime for which the defendant is 24 sentenced is a Level 5 felony, the total of the consecutive terms 25 of imprisonment may not exceed seven (7) years. 26 (3) (6) If the most serious crime for which the defendant is 27 sentenced is a Level 4 felony, the total of the consecutive terms 28 of imprisonment may not exceed fifteen (15) years. 29 (4) (7) If the most serious crime for which the defendant is 30 sentenced is a Level 3 felony, the total of the consecutive terms 31 of imprisonment may not exceed twenty (20) years. 32 (5) (8) If the most serious crime for which the defendant is 33 sentenced is a Level 2 felony, the total of the consecutive terms 34 of imprisonment may not exceed thirty-two (32) years. 35 (6) (9) If the most serious crime for which the defendant is 36 sentenced is a Level 1 felony, the total of the consecutive terms 37 of imprisonment may not exceed forty-two (42) years. 38 (e) If, after being arrested for one (1) crime, a person commits 39 another crime: 40 (1) before the date the person is discharged from probation, 41 parole, or a term of imprisonment imposed for the first crime; or 42 (2) while the person is released: EH 1014—LS 6045/DI 154 4 1 (A) upon the person's own recognizance; or 2 (B) on bond; 3 the terms of imprisonment for the crimes shall be served consecutively, 4 regardless of the order in which the crimes are tried and sentences are 5 imposed. 6 (f) If the factfinder determines under IC 35-50-2-11 that a person 7 used a firearm in the commission of the offense for which the person 8 was convicted, the term of imprisonment for the underlying offense and 9 the additional term of imprisonment imposed under IC 35-50-2-11 10 must be served consecutively. EH 1014—LS 6045/DI 154 5 COMMITTEE REPORT Mr. Speaker: Your Committee on Courts and Criminal Code, to which was referred House Bill 1014, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill do pass. (Reference is to HB 1014 as introduced.) MCNAMARA Committee Vote: Yeas 11, Nays 0 _____ COMMITTEE REPORT Mr. President: The Senate Committee on Corrections and Criminal Law, to which was referred House Bill No. 1014, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 2, line 1, strike "or". Page 2, line 2, delete "felony." and insert "felony; (E) Level 6 felony; or (F) Class A misdemeanor.". Page 2, line 20, after "felony" insert "or as a Class A misdemeanor". Page 2, between lines 23 and 24, begin a new line block indented and insert: "(22) Invasion of privacy (IC 35-46-1-15.1) as a: (A) Level 6 felony; or (B) Class A misdemeanor.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1014 as printed January 27, 2025.) FREEMAN, Chairperson Committee Vote: Yeas 9, Nays 0. EH 1014—LS 6045/DI 154